U.S. ASS'N OF IMPORTERS v. U.S. DEPT. OF COMMERCE

No. 051209.

413 F.3d 1344 (2005)

U.S. ASSOCIATION OF IMPORTERS OF TEXTILES AND APPAREL, Plaintiff-Appellee, v. UNITED STATES, DEPARTMENT OF COMMERCE, Carlos M. Gutierrez, Secretary of Commerce, Department of State, Condoleezza Rice, Secretary of State, Department of the Treasury, John W. Snow, Secretary of the Treasury, Office of the U.S. Trade Representative, Peter F. Allgeier, Acting U.S. Trade Representative, Department of Labor, Elaine Chao, Secretary of Labor, and Committee for the Implementation of Textile Agreements, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

June 28, 2005.


Attorney(s) appearing for the Case

Brenda A. Jacobs, Sidley Austin Brown & Wood LLP, of Washington, DC, argued for plaintiff-appellee. With her on the brief were Neil R. Ellis, David J. Ludlow, and Sharon H. Yuan.

Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellants. With her on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General; David M. Cohen, Director; and Michael D. Panzera, Trial Attorney. Of counsel on the brief were Jason Kearns, Attorney, Office of the United States Trade Representative, of Washington, DC; Ada E. Bosque, Attorney, United States Department of Commerce, of Washington, DC; Matthew P. Levin, Attorney, United States Department of Labor, of Washington, DC; Meha A. Shah, Attorney, Office of the Legal Adviser, United States Department of State, of Washington, DC; and John G. Murphy, Jr., Senior Counsel, United States Department of the Treasury, of Washington, DC. Of counsel was Arnold I. Havens, General Counsel.

Before MICHEL, Chief Judge, MAYER and LOURIE, Circuit Judges.


MICHEL, Chief Judge.

The United States and the above-listed federal entities and officials (collectively, the "government") appeal from the December 30, 2004, decision by the United States Court of International Trade ("trial court") granting the motion for a preliminary injunction filed by the U.S. Association of Importers of Textiles and Apparel ("Association"). U.S. Ass'n of Imps. of Textiles & Apparel v. United States, 350 F.Supp...

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